It is the purpose of this article to establish guidelines for siting wind energy turbine (WETS). The goals are as follows:

• To promote the safe, effective, and efficient use of a WET;

• To preserve and protect public health, safety, welfare, and quality of life by minimizing the potential adverse impacts of a WET; and

• To establish standards and procedures by which the siting, design, engineering, installation, operation, and maintenance of a WET shall be governed.

This ordinance section applies to all WET proposed to be constructed after the effective date of this ordinance.

Ambient sound level: Amount of background noise at a given location prior to the installation of a MWET, SSMWET and/or STMWET which may include, but not be limited to, traffic, machinery, lawnmowers, human activity, and the interaction of wind with the landscape. The ambient sound level is measured on the dB(A) weighted scale as defined by the American National Standards Institute.

Anemometer: A temporary wind speed indicator constructed for the purpose of analyzing the potential for utilizing a MWET, SSMWET and/or STMWET at a given site. This includes the tower, base plate, anchors, cables and hardware, wind direction vanes, booms to hold equipment, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.

Condominium development: A development that is created under the Condominium Act, Public Act 59 of the Michigan Public Acts of 1978, as amended.

Decibel: A unit of measure used to express the magnitude of sound pressure and sound intensity. Decibels shall be measured on the dB(A) weighted scale as defined by the American National Standards Institute.

Decommissioning: Process of terminating operation and completely removing a SSMWET and STMWET and MWET and all related buildings, structures, foundations, access roads, and equipment.

General common element: An area designated for use by all owners within a condominium development.

Grid: An electrical grid is an interconnected network for delivering electricity from suppliers to consumers.

Medium wind energy turbine (MWET): A tower-mounted wind energy system that converts wind energy into electricity through the use of equipment which includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other components used in the system. The MWET has a nameplate capacity that does not exceed two hundred fifty (250) kilowatts. The total height does not exceed two hundred (200) feet.

Nacelle: The encasement which houses all of the generating components, gear box, drive tram, and other equipment.

Net-metering: A special metering and billing agreement between utility companies and their customers, which facilitates the connection of renewable energy generating systems to the power grid.

Occupied building: A residence, school, hospital, church, public library, business, or other building used for public gatherings.

Off-grid systems: A wind turbine system that is not connected to a public or private electrical grid.

Operator: The person or entity responsible for the day-to-day operation and maintenance of a MWET, SSMWET and/or STMWET.

Owner: The person or entity, including their respective successors and assigns, that have an equity interest or own the MWET, SSMWET and/or STMWET in accordance with this ordinance.

Public utility: Any governmental unit, board or commission, or any person (under public regulation if a private agency) furnishing to the public, transportation, water, gas, electricity, telephone, steam, telegraph, sewage disposal or other essential public service.

Rotor diameter: The cross-sectional dimension of the circle swept by the rotating blades of a SSMWET, STMWET, and MWET.

Shadow flicker: The moving shadow, created by the sun shining through the rotating blades of a MWET, SSMWET and STMWET. The amount of shadow flicker created by a MWET, SSMWET and STMWET is calculated by a computer model that takes into consideration turbine location, elevation, tree cover, location of all structures, wind activity, and sunlight.

Small structure-mounted wind energy turbine (SSMWET): A systems that converts wind energy into electricity through the use of equipment which includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other components used in the system. A SSMWET is attached to a structure's roof, walls, or other elevated surface. The SSMWET has a nameplate capacity that does not exceed ten (10) kilowatts. The total height does not exceed fifteen (15) feet as measured from the highest point of the roof, excluding chimneys, antennae, and other similar protuberances.

Small tower-mounted wind energy turbine (STMWET): A tower-mounted wind energy system that converts wind energy into electricity through the use of equipment which includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other components used in the system. The STMWET has a nameplate capacity that does not exceed thirty (30) kilowatts. The total height does not exceed one hundred twenty (120) feet.

Total height: The vertical distance measured from the ground level at the base of the tower to the uppermost vertical extension of any blade, or the maximum height reached by any part of the MWET, SSMWET and/or STMWET.

Tower: A freestanding monopole that supports a MWET, SSMWET and/or STMWET.

Wind energy turbine (WET): Any structure-mounted, small or medium wind energy conservation system (including MWET, STMWET and SSMWET) that converts wind energy into electricity through the use of a wind generator and includes the nacelle, rotor, tower and pad transformer, if any.

Anemometers are permitted in all zoning districts as a temporary use, in compliance with the provisions contained herein, and the applicable WET regulations. The following conditions apply.

A.

The construction, installation, or modification of an anemometer tower shall require a building permit and shall conform to all applicable local, state, and federal applicable safety, construction, environmental, electrical, communications, and FAA requirements.

B.

An anemometer shall be subject to the minimum requirements for tower height, setback, separation, location, safety requirements, and decommissioning that correspond to the size of the WET that is proposed to be constructed on the site.

C.

An anemometer shall be permitted for no more than thirteen (13) months for a SSMWET, STMWET and no more than three (3) years for a MWET.

A SSMWET or STMWET shall be considered a special land use in all zoning districts and are subject to all State of Michigan Building Codes. All SSMWETS and STMWETS are subject to the following minimum requirements:

A.

Siting and design requirements:

1.

SSMWET requirements:

a.

Height: The height of a SSMWET shall not exceed fifteen (15) feet as measured from the highest point of the roof, excluding chimneys, antennae, and other similar protuberances.

b.

Setback: The setback of the SSMWET shall be a minimum of fifteen (15) feet from the property line, public right-of-way, public easement, or overhead utility lines if mounted directly on a roof or other elevated surface of a structure. If the SSMWET is affixed by any extension to the side, roof, or other elevated surface, then the setback from the property line or public right-of-way shall be a minimum of fifteen (15) feet. The setback shall be measured from the furthest outward extension of all moving parts.

c.

The SSMWET shall not be affixed to the wall on the side of a structure facing a street or private road.

d.

No more than two (2) SSMWETS shall be installed on any lot.

e.

If more than one SSMWET is installed, a distance equal to the height of the highest SSMWET must be maintained between the bases of each SSMWET.

2.

STMWET requirements:

a.

Height: The total height of a STMWET shall not exceed twice the maximum permitted height for principal structures on a site within or adjacent to a residential zoning district, or one hundred twenty (120) feet on any site that is not adjacent to a residential zoning district.

b.

Location:

i.

The STMWET shall be located in a rear yard of a lot that has a principal building.

ii.

The STMWET must be set back from all lot lines and rights-of-way to the center of the tower base no less than a distance equal to one-half (½) the diameter of the rotor and blades, or the minimum required front, side and rear yard setbacks for principal structures, whichever is greater.

c.

Separation: All occupied buildings shall be a minimum of twenty (20) feet measured from the base of the tower.

d.

Setbacks: The setback shall be equal to the total height of the STMWET, as measured from the base of the tower, from the lot line, public right-of-way, public easement, or overhead public utility lines. This setback may be reduced if the applicant provides a registered engineer's certification that the WET is designed to collapse, fall, curl, or bend within a distance or zone shorter than the tower height of the STMWET.

e.

Quantity: No more than one STMWET shall be installed on any lot.

f.

Electrical system: All electrical controls, control wiring, grounding wires, power lines, and system components shall be placed underground within the boundary of each lot at a depth designed to accommodate the existing land use to the maximum extent practicable. Wires necessary to connect the wind generator to the tower wiring are exempt from this requirement.

B.

Application and site plan requirements: The application and site plan shall include the following information:

1.

Name of property owner(s), address, and lot number shall be included.

2.

A scaled site plan shall illustrate the proposed location of all components and ancillary equipment of the SSMWET(s) or STMWET, lot lines, physical dimensions of the lot, existing building(s), setback lines, right-of-way lines, public easements, overhead utility lines, sidewalks, nonmotorized pathways, streets, private roads and contours. The site plan must also include adjoining properties as well as the location and use of all structures and buildings.

3.

The proposed type and height of the SSMWET or STMWET to be constructed shall be set forth; including the manufacturer and model, product specifications including maximum noise output (measured in decibels), total rated generating capacity, dimensions, rotor diameter, and a description of ancillary facilities.

4.

Compliance shall be documented with the noise requirements set forth in the zoning ordinance.

5.

Compliance shall be documented with applicable local, state and federal regulations including, but not limited to, all applicable safety, construction, environmental, electrical, communications, and FAA requirements.

6.

Evidence shall be submitted that the utility company has been informed of the customer's intent to install an interconnected, customer-owned generator and that such connection has been approved. Off-grid systems shall be exempt from this requirement.

7.

Other relevant information shall be provided as may be reasonably requested.

8.

Total proposed number of SSMWETS shall be given.

9.

A description of the methods that will be used to perform maintenance on the STMWET and the procedures for lowering or removing the STMWET in order to conduct maintenance.

A MWET shall be a special land use in the WF and I zoning districts.

A.

Siting and design requirements for all MWETS: The design of a MWET shall conform to all applicable industry standards.

1.

MWET requirements:

a.

Location: If an MWET is located on a commercial, industrial, or public property that has an occupied building it shall only be located in the rear yard. The MWET shall only be located in a general common element in a condominium development.

b.

Height: The total height of a MWET shall not exceed two hundred (200) feet.

c.

Quantity: No more than one MWET shall be installed for every two and one-half (2½) acres of land included in the lot.

d.

Setback and separation:

1)

Occupied building setback: The setback from all occupied buildings on the applicant's lot shall be a minimum of twenty (20) feet measured from the base of the tower.

2)

Property line setback shall be equal to the total height of the MWET as measured from the base of the tower. This setback may be reduced to a distance agreed upon as part of the special land use permit if the applicant provides a registered engineer's certification that the MWET is designed to collapse, fall, curl, or bend within a distance or zone shorter than the height of the MWET.

3)

Street setbacks: Each MWET shall be set back from the nearest street a distance equal to the total height of the MWET, determined at the nearest boundary of the underlying right-of-way for such street.

4)

Communication and electrical lines: Each MWET shall be set back from the nearest above-ground public electric power line or telephone line a distance equal to the total height of the MWET, as measured from the base of the tower, determined from the existing power line or telephone line.

5)

Tower separation: MWET/tower separation shall be based on industry standard and manufacturer recommendation.

B.

Application and site plan requirements: The application and site plan shall include the following information:

1.

All MWET special land use applications shall be accompanied by a detailed site plan in accordance with article I of this ordinance.

2.

The proposed number, representative types and total height of each MWET to be constructed shall be included. The information shall specifically include their manufacturer and model, product specifications including maximum noise output (measured in decibels), total rated capacity, rotor diameter, and a description of ancillary facilities.

3.

Documents shall be submitted by the developer/manufacturer confirming specifications for MWET separation.

4.

Documented compliance with the noise and shadow flicker requirements set forth in the zoning ordinance shall be provided.

5.

Engineering data shall be provided concerning construction of the MWET and its base or foundation, which may include, but not be limited to, soil boring data.

6.

A certified registered engineer shall certify that the MWET meets or exceeds the manufacturer's construction and installation standards.

7.

Anticipated construction schedule shall be provided.

8.

A copy of the maintenance and operation plan shall be provided, including anticipated regular and unscheduled maintenance. Additionally, a description of the procedures that will be used for lowering or removing the MWET to conduct maintenance, if applicable shall be provided.

9.

Documented compliance shall be provided with applicable local, state and federal regulations including, but not limited to, all applicable safety, construction, environmental, electrical, and communication standards. The MWET shall comply with FAA requirements, Michigan Airport Zoning Act, as amended, Michigan Tall Structures Act, as amended, and any applicable airport overlay zone regulations.

10.

Evidence shall be provided that the utility company has been informed of the customer's intent to install an interconnected, customer-owned generator and that such connection has been approved. Off-grid systems shall be exempt from this requirement.

11.

A written description of the anticipated life of each MWET shall be provided, along with the estimated cost of decommissioning; the method of ensuring that funds will be available for decommissioning and site restoration; and removal and restoration procedures and schedules that will be employed if the MWET becomes inoperative or nonfunctional.

12.

The applicant shall submit a decommissioning plan that will be carried out at the end of the MWET's useful life, and shall describe any agreement with the landowner(s) regarding equipment removal upon termination of the lease.

13.

The city reserves the right to review all maintenance plans and bonds under this ordinance to ensure that all conditions of the permit are being followed.

14.

A description of the routes to be used by construction and delivery vehicles and of any street and private road improvements that will be necessary to accommodate construction vehicles, equipment or other deliveries, and an agreement or bond which guarantees the repair of damage to streets and private roads and other areas caused by construction of the MWET.

15.

A statement shall include what hazardous materials will be used and stored on the site.

16.

A study shall assess any potential impacts on the natural environment including, but not limited to, assessing the potential impact on endangered species, eagles, birds or other wildlife, wetlands and fragile ecosystems. The study shall conform to state and federal wildlife agency recommendations based on local conditions.

C.

Certification and compliance:

1.

The city must be notified of a change in ownership of a MWET or a change in ownership of the property on which the MWET is located.

2.

The city reserves the right to inspect any MWET, in order to ensure compliance with the ordinance.

3.

A sound pressure level analysis shall be conducted from a reasonable number of sampled locations at the perimeter and in the interior of the property containing any MWET to demonstrate compliance with the requirements of this ordinance. Proof of compliance with the noise standards is required within ninety (90) days of the date the MWET becomes operational. Sound shall be measured by a third-party, qualified professional.

4.

The MWET owner or operator shall provide the zoning administrator with a copy of the yearly maintenance inspection.

A.

Visual appearance:

1.

WETS shall be nonreflective, nonobtrusive in color (e.g., white or gray). The appearance of the turbine, tower, and any ancillary facility shall be maintained throughout the life of the WET.

2.

WETS shall not be artificially lighted, except to the extent required by the FAA or other applicable authority, or otherwise necessary for reasonable safety and security.

3.

WETS shall not be used for displaying any advertising (including flags, streamers, or decorative items).

B.

Ground clearance: The lowest extension of any blade or other exposed moving component of a WET shall be at least fifteen (15) feet above the ground and at least fifteen (15) feet above any outdoor surfaces intended for human use, such as balconies or roof gardens, that are located directly below the WET.

C.

Noise: Audible sound from all WETS shall not exceed 45 dB(A), as measured at the exterior of an occupied structure on a nonparticipating landowner's property.

D.

Vibration: Vibrations shall not be produced which are humanly perceptible beyond the property on which a WET is located.

E.

Shadow flicker: The WET owner(s) or operator(s) shall conduct an analysis on potential shadow flicker at any occupied building with direct line-of-sight to the WET. The analysis shall identify the locations of shadow flicker that may be caused and the expected duration of the shadow flicker at these locations from sunrise to sunset over the course of a year. The analysis shall identify situations where shadow flicker may affect the occupants of the buildings for more than thirty (30) hours per year, and describe measures that shall be taken to eliminate or mitigate the problems. Shadow flicker on a building shall not exceed thirty (30) hours per year.

F.

Guy wires: Guy wires shall not be permitted as part of any WET.

G.

Safety requirements:

1.

If the WET is connected to a public utility system for net-metering purposes, it shall meet the requirements for interconnection and operation as set forth in the public utility's then-current service regulations applicable to wind power generation facilities, and the connection shall be inspected by the appropriate public utility.

2.

The WET shall be equipped with an automatic braking or governing system to prevent uncontrolled rotation, over-speeding, and excessive pressure on the tower structure, rotor blades and other wind energy components unless the manufacturer certifies that a braking system is not necessary.

3.

All spent lubricants, cooling fluids, and any other hazardous materials shall be properly and safely removed in a timely manner.

4.

Each WET shall have one sign, not to exceed two (2) square feet in area, posted at the base of the tower and on the security fence if applicable. The sign shall contain at least the following:

a.

Warning of high voltage;

b.

Manufacturer's and owner/operator's name; and

c.

Emergency contact numbers (list more than one number).

5.

Signal interference: The WET shall not interfere with communication systems such as, but not limited to, radio, telephone, television, satellite, or emergency communication systems.

H.

Decommissioning:

1.

The WET owner or operator shall complete decommissioning within twelve (12) months after the end of the useful life. Upon request of the owner(s) or operator(s) of the WET, the city council may grant a reasonable extension of time. The WET will be presumed to be at the end of its useful life if no electricity is generated for a continuous period of twelve (12) months. All decommissioning expenses are the responsibility of the owner(s) or operator(s) and the city may require financial guarantees to assure compliance.

2.

If the owner or operator of a WET fails to complete decommissioning in compliance with this section, the city may perform the required decommissioning. The actual cost, plus accrued interest at the rate of one percent per month from the date of completion, incurred by the city in its performance of any decommissioning pursuant to this section shall be charged by invoice to the owner(s) of the premises on which such work was performed. Where the full amount due the city is not paid by the owner(s) within sixty (60) days after the completion of decommissioning performed by the city pursuant to this section, the city treasurer may cause to be recorded a sworn statement showing the cost and expense incurred and the date and premises on which said work was done. The recordation of such sworn statement shall constitute a lien on the premises, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection until final payment has been made. Sworn statements recorded in accordance with this section shall be prima facie evidence that all legal formalities have been complied with and that the work has been properly and satisfactorily done, and shall be full notice that the amount of the statement, plus interest, constitutes a charge against the premises designated or described in the statement and is due and collectible as provided by law.

3.

Decommissioning shall include the removal of each WET, buildings, electrical components, and any other associated facilities. Any foundation shall be removed to a minimum depth of sixty (60) inches below grade, or to the level of the bedrock if less than sixty (60) inches below grade.

4.

The site and any disturbed earth shall be stabilized, graded, and cleared of any debris by the owner(s) or operator(s) of the WET.

5.

All WET applications shall provide a decommissioning plan and performance bonds as necessary by the city.

6.

Legal agreements may be required between the WET owner/operator and the city to ensure compliance with all decommissioning requirements.